Two parties having a dispute is a daily thing. It has become so common and ordinary that most of the time, it is settled without even the interference of a third party. From the start of Humanity, there have been many disputes and conflicts of interests and opinion. Still, the concept of ‘ADR’ could only make its way to the legislation by the arrival of the East India Company.
In India, there are many forms of Alternative Dispute Resolution. One of them being ‘Negotiation’. Negotiation is always considered a ‘Win-Win situation. The parties mutually come into an understanding by talking and discussing settling the dispute. Negotiation is regarded as the first step to any dispute resolution. Apart from involving third parties in the conflict, the parties can control the process and the solution. Negotiation seeks a successful outcome by applying fairness, mutual benefit, and maintenance of a relationship. Negotiation is a daily process, and it is pretty much one of the main tools for a lawyer.
NEGOTIATION AND ITS PROCESS
In India, there is no particular legal statute that talks about negotiation. There are no fixed rules when it is negotiation, but it has followed a regular pattern over time. It is the most straightforward and accessible form of dispute resolving method. There is no interference from a third party. The main aim is to resolve the dispute by exchanging views and issues. Negotiation is considered the simplest and most economical form of dispute resolution as it is done with utmost patience.
Negotiation is a discourse to resolve disputes to come into an agreement upon courses of action, which includes bargaining for an individual or a collective advantage or making up solutions to satisfy both party’s interests. The term ‘Negotiation’ and ‘Bargaining’ are interchangeably used. Still, one main difference between the two is that bargaining involves one party accepting another party's terms, but in the case of negotiation, both parties have a win-win.
The essentials of negotiation are: - communication process that resolves conflicts, it is non – binding, voluntary act, involves two parties, parties have control over the procedure, conduct and outcome of the process, gives a win-win situation to both parties. Commonly followed steps include:
• Information exchange
• Explicit bargaining
NEGOTIATION IN DAILY LIVES
Negotiation is a daily activity that we all participate in. From the time you open your eyes and till you go to bed, negotiation occurs without even us noticing it. At home, negotiation takes place on which car to buy, how much time kids shall have to watch TV, what to make for breakfast, lunch, and dinner, where to go for vacation, where to settle, how to spend and save, etc. All these examples given above include a lot of communication and discussion. There will be two sides arguing and presenting their sides to get the favourable end. All this shows how everyone is different from each other with different needs, wants, interests, opinions, ideas, etc. And hence, there is negotiation taking place every day where we get into some settlement and desired conclusion for both sides without even knowing it. But none of this excels one in being a skilled Negotiator. Negotiator as a profession will demand many skills to keep in handy to give your clients the deal they need. It does require years of practice in the field. Communication, Persuasion, Planning, and Strategizing are some of the prominent skills one must pursue.
‘Compromise’ is one main factor when it comes to negotiation. Let’s look into two situations to see how negotiation can make your everyday life more peaceful and satisfactory. Negotiation also helps you get in a better deal while doing buying and selling. You must save up the maximum amount and make a good bargaining deal. Strike a neutral amount for both the dealer and yourself so that both stay in equal benefit.
Negotiation reduces conflicts and improves relationships among individuals: Humans are emotional creatures who need all sorts of happiness, belongingness, comfort etc., to feel and share whenever they feel like it. So, it will be wrong if you keep a scowling face to all your acquaintances, neighbours, and relatives. One has to be understanding, open and friendly and be friendly. So rather than jumping into any fights, it’s better to talk it out with a negotiating mind to maintain the relationship. Make sure you are not cold because you will need the other person someday. So, negotiation is critical to hold an honest, friendly relationship and surround for leading a happy life without much conflict and dispute.
Unlike other ADR mechanisms, Negotiation is an easy mechanism. Any person can negotiate and get the desired result. One need not be a lawyer or a businessperson. Corporative bargaining can be solved amicably by way of negotiation. A layperson can negotiate daily to achieve his day-to-day needs and still be good with his peers.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, or Religion, Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre Foundation shall not be responsible for any errors caused due to human error or otherwise.